A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on July 4, 2017 in the Gwangju District Court’s net support on June 23, 2017, and is currently under suspended execution.

[Criminal facts]

1. On June 30, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the E 130 car from the nearby apartment of B apartment to the front road of C in a leisure time without obtaining a driver’s license from around 08:30 on June 30, 2018.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while driving a motor vehicle Ei 30 vehicle on the road in front of the D point in C at the time of drinking during the day set forth in the preceding paragraph, the Defendant driven the motor vehicle while under the influence of alcohol, such as making the Defendant sniffly snife by drinking, from a policeman G belonging to the F District Unit of the F District Police Station.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole breath of drinking in five times.

Nevertheless, the Defendant, without any justifiable reason, avoided the alcohol testing by the side, and did not comply with the police officer’s request for a alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement made under the circumstances of the driver of drinking alcohol, and a report on detection (Refusal of measurement of drinking alcohol);

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, Gwangju District Court Decision 2017 High Court Decision 558 High Court Decision 558

1. Relevant legal provisions and Articles 148-2 (1) 2, 44 (2), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On June 23, 2017, the Defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment was sentenced to one year of imprisonment or two years of suspended execution, and was sentenced to two years of suspended execution.